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The suspension of a Kosovo Serb judge who attended a meeting with Vucic in Belgrade has provoked numerous reactions. Serbs have protested, the EU has reacted and Prime Minister Kurti has explained the procedures.
The suspension a few days ago by the Kosovo Judicial Council of the President of the Basic Court of Mitrovica, a member of the Serb community, Liliana Stevanovic, provoked the reaction of the European Union, which asked Pristina and Belgrade to reduce tensions and called for respect for the agreement. for the integration of Serb personnel in the judicial system of Kosovo, but also the procedures of the disciplinary rules of Kosovo. The EU reaction came after the Kosovo Judicial Council suspended the president of the Basic Court of Mitrovica, Lilana Stevanovic, who on March 22, together with Kosovo Serb political representatives, attended a meeting in Belgrade. , summoned by the President of Serbia, Aleksandar Vuiqi.. EU foreign policy chief Peter Stano said in Brussels that the importance of integrating Serb personnel into Kosovo’s judicial system must be understood, as must procedures.
“We have been informed of the decision of the Kosovo Judicial Council for the temporary suspension of the President of the Basic Court of Mitrovica. Kosovo Serb personnel were integrated into the Kosovo legal system in 2017 through an agreement reached in EU-facilitated dialogue. This integration had enabled access to the legal system of Kosovo and the justice system for the Serb community “, said Stano. According to him, “integrated judicial staff perform important tasks from which the non-majority communities in Kosovo directly benefit”. In this context, Stano said, “The EU expects that the competent authorities of Kosovo, but also of Serbia, to respect all parts of this agreement.”
“Disciplinary proceedings are not part of the agreement. The EU believes that the competent authorities will follow the proper process and procedure regarding the consideration of such a disciplinary case. At the same time, we expect the staff of the Kosovo legal system to act in accordance with the laws and rules of Kosovo “, stressed Peter Stano, urging Pristina and Belgrade to” act responsibly and contribute to an atmosphere conducive to normalization of their reports.
Serbian protest
The inadmissibility of holding elections in Serbia in Kosovo and the suspension of Judge Liljana Stevanovi,, led the Serbian List, which is represented by 10 deputies in the Assembly of Kosovo, to organize protests and stated that their representatives will suspend their work until they return to work of Judge Stevanovi.. The President of Serbia, Aleksandar Vuiqi., Also reacted by accusing the Prime Minister of Kosovo, Albin Kurti, for saying “violation of the agreements reached in Brussels”, and said that “the Brussels Agreement reached in 2013, no longer exists”.
Prime Minister Kurti, for his part, said that Kosovo’s judicial system is independent of the Government and that it does not make decisions about the judiciary. The Kosovo Judicial Council (KJC) announced that the decision to suspend the President of the Basic Court of Mitrovica from her position the day before, was taken without any political influence. According to the announcement, “this decision was taken within the constitutional and legal responsibilities of the KJC and does not prejudice the completion of the procedure in relation to the suspended judge, Liljana Stevanovi..
Meanwhile, the expert of the justice system, Ehat Miftaraj from the Kosovo Institute of Justice, told DW that “the statement of the European Union regarding the suspension of Judge Stevanovi,, confirms the importance of implementing the agreement on justice, and the obligation of “Kosovo and Serbia not to take actions that hinder the implementation of the same.”
Importance of implementing agreements
“If you read the statement carefully, it is the same harsh criticism of President Vucic and the Serbian authorities, who with one-sided actions in recent weeks are undermining the justice agreement. The statement clearly states that Serbian judges, prosecutors and police officers integrated into the Kosovo legal system have a constitutional and legal obligation to implement and respect the laws of the Republic of Kosovo. As well, it recognizes the right of the Judicial Council to take measures against any court that does not respect the laws of Kosovo, as in the concrete case of the President of the Basic Court in Mitrovica “, said Ehat Miftaraj. According to him, “The European Union, while recognizing and respecting the recent decision of the KJC, at the same time rightly expects the Judicial Council to implement the law, the procedure in a fair, independent and impartial manner.”
“The statement of the European Union seems to have had its impact, because despite the fact that Serbian judges have gone on strike, this is not happening with Serbian prosecutors and administrative staff who are performing their duties and responsibilities under the obligations that arise. from the Constitution and the laws of Kosovo “, said Ehat Miftaraj. According to him, “The European Union also distinguishes between the integration of Serbian staff in the legal system of Kosovo, the importance it has in providing services to citizens, but also makes a distinction between integration and the need to implement the laws of the Republic of Kosovo.” .
Another expert on European integration, Demush Shasha, executive director of the EPIK think-tank, told DW that “the case of Judge Stevanovi ka has revealed the fragility of Kosovo-Serbia relations, where it was confirmed that everything can be transformed. in political matters, even totally independent issues, such as rule of law issues ”.
Observance of rules and laws
“I read the EU statement as support for the KJC and a call for Serbia to refrain from actions that undermine the integration of Serbian personnel into the judiciary,” said Demush Shasha. According to him, “after the suspension of Mrs. Stevanovic, a boycott of the work of judicial staff in the north of the country was announced. Thus, on March 25, they did not show up for work. In this regard, I read the EU statement as a call to Serbian judges to continue their work, as the beneficiaries of their work are Serbian citizens themselves and any boycott of work would affect almost exclusively Serbian citizens.
However, in the last days before Serbia’s parliamentary and presidential elections, there was harsh political rhetoric between Kosovo and Serbia. The Government of Kosovo said days ago that it has not reached an agreement with Serbia on holding Serbian elections in Kosovo, after Belgrade refused to allow the Serbian government to address the request to the Government of Kosovo. QUINT countries expressed regret for Kosovo’s decision while calling on the parties to refrain from inciting rhetoric and work in the framework of negotiations mediated by the European Union for a normalization agreement between the two countries./DW
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